In New Mexico, racial discrimination is prohibited under both the U.S. Constitution and Title VII of the U.S. Code. These laws prohibit employers from taking race into account in procedures for hiring, deciding wage levels, or promotions and benefits.
What Must Be Proven in a Discrimination Claim?
The Equal Employment Opportunity Commission (EEOC) is the federal agency in charge of investigating workplace discrimination, and employees discriminated against must file a claim with the EEOC before taking the issue to court. Racial discrimination claims involve situations where an employers treat employees differently than other employees who are of a different race.
To be able to prove a claim of racial discrimination, the Bernalillo County plaintiff further needs to prove that the employer had an intent to discriminate, and that the discriminatory action was based on race. Intent may be shown by demonstrating that the employer gave preferential treatment to people of other races or nationalities.
How Can a Bernalillo County Lawyer Help with My Claim?
Furthermore, in some circumstances, recorded employer statements regarding racial issues can be used to show their intent to discriminate. Procedural laws in this area of litigation differentiate considerably depending on where you file your claim, and a local Bernalillo County lawyer will be familiar with requirements in your area. A good New Mexico attorney will also be able to help you should you decide to file with the EEOC, and they can guide you towards other potential remedies while your case is pending.